Sec 16 and 18 of cpc
surendrababu
(Querist) 13 April 2013
This query is : Resolved
Plaintiff purchased a plot A from defendant who laid plots in govt land and not in the land showed in the sale deed by fraud and mischief. Govt removed the Plots.
When plaintiff questioned the defendant promised to give another plot B in lieu of Plot A in another area.
plots A and B are in different jurisdictions. Plaintiff wants to file case for declaration that the transaction in between plaintiff and defendant true and valid and binding of the defendant
and as a consequential relief to direct the defendant to executed sale deed with regard to Plot B in favour of plaintiff
please tell me the jurisdiction and if any citation.
Raj Kumar Makkad
(Expert) 13 April 2013
A buyer is required to be more vigil than the seller, this is the general rule which is a guiding force before the courts.
In the given case, a criminal case under section 420 IPC may force the seller to provide you the relief of alternate plot.
A suit for declaration for compensation and return of money can be got declared as per contents of the already executed and registered sale-deed but a declaraion against the govt. land cannot be sought as desired.
V R SHROFF
(Expert) 13 April 2013
lODGE pOLICE COMPL 420
prabhakar singh
(Expert) 13 April 2013
Only criminal complaint of 420 and a suit of damages for return of consideration and interest after notice of demand would lie now.
ajay sethi
(Expert) 13 April 2013
agree with experts
